Madras High Court pulls up Centre, Tamil Nadu, fines them Rs 1 lakh each

Chennai: A year after Sarah Thomas of Kerala was arrested by Chennai Airport immigration authorities in a case of mistaken identity on the ground that a look-out notice was pending against her, the Madras high court on Tuesday slammed the immigration officials and the Tamil Nadu government. The court imposed Rs 2 lakh as damages to be payable to the Chief Minister’s Relief Fund as Sarah expressed her unwillingness to accept any compensation. The court said that of the Rs 2 lakh fine imposed, the Union and State governments should pay Rs one lakh each.

Disposing of a Habeas corpus petition filed by Kevin John Smith, Sarah Thomas’ son, a division bench comprising Justices S Tamilvanan and C T Selvam said, “On account of improper verification, an innocent person, who was in possession of a valid passport and other valid documents was sent to central prison, puzhal, Chennai in an irresponsible manner. Therefore, we are of the view that it is harassment, causing grave mental agony to an innocent person. The reason assigned by the authorities that the mistaken identity was on account of bonafide reasons could not be accepted.”

The judges went on to say, "There is a gross negligence on the part of the authorities in sending Sarah Thomas to Central Prison here and then taking to Kerala. We are of the view that there is a violation of human rights. Hence, we are of the view that the petitioner is entitled to seek damages from the authorities, who are responsible for causing legal injury and mental agony to Sarah Thomas and her son for violating the Constitutional mandate. However, Sarah Thomas who was present before this court on the earlier two occasions would say that she is not inclined to receive any damages, but the same shall be ordered to be paid by the authorities who are responsible for the illegal detention to any charitable trust or social welfare organizations".

On October 29, 2014, Sarah Thomas was arrested at the Chennai airport after her flight landed from Dubai. She had come to attend a marriage in Madurai. The immigration officials interrogated her for an hour to establish that she was Sarah Williams, who was accused of cheating a London based insurance firm. Williams, who absconded 13 years ago, was from Punalur in Kollam district. Thereafter, when she was taken to Kerala and produced before a Magistrate, it came to light that she was arrested on mistaken identity and was let free on November 2.

The bench said, "We are of the view that the photo of Sarah Thomas is different from that of the photo of Sarah Williams, an accused in a case. The other details furnished in the passport that were available with her also could not tally with the details of Sarah Williams.

It is not in dispute that she had no bad antecedent or any criminal case. However, without verifying the identity of Sarah Thomas, the immigration officials handed her over, after a case being registered and she was also remanded to judicial custody and sent to Puzhal prison. It is unfortunate that the mistaken identity has tampered with the fundamental right, personal liberty and also affected the reputation of a respectable person, who has no criminal background. Strangely, she was taken to Kerala, even without getting any judicial order. After making a detailed enquiry in Kerala, she was produced before the Judicial Magistrate in Kerala. The order passed by the Magistrate shows that Sarah Thomas is nothing to do with Sarah Williams and everything had happened only on a mistaken identity".

 

 

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